BILL ANALYSIS
SB 567
Page 1
SENATE THIRD READING
SB 567 (Speier)
As Amended August 23, 2000
Majority vote
SENATE VOTE :23-12
TRANSPORTATION 14-4 APPROPRIATIONS 11-5
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|Ayes:|Torlakson, Correa, Davis, |Ayes:|Davis, Hertzberg, Kuehl, |
| |Dutra, Firebaugh, Havice, | |Papan, Shelley, |
| |Leach, Longville, | |Steinberg, Thomson, |
| |Maldonado, Nakano, Scott, | |Wesson, Wiggins, Zettel, |
| |Soto, | |Aroner |
| |Strom-Martin, Zettel | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|McClintock, Baldwin, |Nays:|Brewer, Ackerman, |
| |House, Margett | |Ashburn, Campbell, Runner |
| | | | |
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SUMMARY : Increases the fines for violations of child passenger
restraint laws, and requires that children less than six years
of age or weighing less than sixty pounds be properly restrained
in a child passenger restraint system. Specifically, this bill :
) Requires that, starting January 1, 2002, children less than
six years of age or weighing less than 60 pounds be properly
restrained in a child passenger restraint system meeting
applicable federal motor vehicle safety standards.
2)Allows the court to reduce or waive a fine for a violation of
the child passenger restraint requirements if the court finds
that the defendant is economically disadvantaged.
3)Requires that a defendant, in order to qualify for a reduction
or waiver of the fine, attend a community education program
and show proof of participation in the program. If an
education program is not available within 50 miles of the
residence of the defendant, the requirement to participate in
the program will be waived.
4)Allows the court to require any defendant who has violated the
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child passenger restraint laws to attend an education program
and provide certification that the defendant has presented for
inspection a child passenger restraint system that meets
applicable federal safety standards.
5)Requires that, starting January 1, 2002, children at least six
but less than 16 years of age, or less than six years of age
but weighing 60 pounds or more, be properly secured in a child
passenger restraint system or safety belt when being
transported in a motor vehicle.
6)Increases the fines from $50 to $100 for the first violation
of the child passenger restraint laws, and increases the fines
from $100 to $250 for subsequent offenses.
7)Makes a conviction for a child passenger restraint violation a
one-point violation on the driver's record, and requires a
court to notify the Department of Motor Vehicles (DMV) even if
a fine is waived or reduced.
8)Authorizes a police officer to stop a vehicle transporting a
child who is under the age of 16 and not properly restrained.
9)Provides that a child does not have to be transported in a
child passenger restraint system in situations involving an
emergency that is life threatening.
10)Provides that exemptions to the child passenger restraint
system apply only if such a restraint system is unavailable.
11)Revises the formula for distribution of revenue from such
fines, and appropriates 60% of the revenue to the county or
city health department where the violation occurred, 25% to
the county or city for administration of the program, and 15%
to the city's general fund. If the violation occurred in the
unincorporated area of the city, the county would receive the
money.
12)Requires that the 60% given to the city and county health
departments be used to fund an education program that includes
the demonstration of proper installation and use of child
passenger restraint systems for children of all ages and
provides child restraint systems for loan or low-cost
purchase.
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EXISTING LAW :
1)Requires a child who is less than four years of age and who
weighs less than 40 pounds to be properly restrained in a
child passenger restraint system.
2)Requires children ages four to 15 and weighing more than 40
pounds to be properly restrained with a safety belt meeting
applicable federal standards.
3)Requires every hospital, clinic, or birthing center, before or
at the time of discharge of a child under four years of age or
less than 40 pounds to provide and discuss child passenger
restraint system requirements with the parents or person to
whom the child is released.
4)Authorizes a police officer to stop a vehicle carrying an
improperly restrained or unrestrained child under four years
of age or weighing less than 40 pounds.
5)Provides for fines for child passenger restraint system
violations for children under four years and 40 pounds as
follows:
a) $100 for a first offense, which can be waived if the
defendant is economically disadvantaged; and,
b) $100 for a second or subsequent offense, which cannot be
waived.
6)Provides for fines involving the improper restraint of
children ages four to 15 and over 40 pounds as follows:
a) $50 for a first offense; and,
b) $100 for a second or subsequent offense.
7)Allows the court to waive the fines if the defendant can
demonstrate that he or she is economically disadvantaged.
8)Makes a conviction for a child passenger restraint violation a
one-point violation on the driver's record, and requires a
court to notify DMV even if a fine for a violation is waived.
9)Directs money generated from violations of child passenger
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restraint laws to child passenger restraint education programs
and programs that provide for the low-cost purchase or loan of
a child safety seat.
10)Allocates 60% of the money from fines to county health
departments, 25 percent to county for administration, and 15%
to the city or county depending on where the violation
occurred.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, there are negligible costs and any costs may
be offset by increased penalty revenue.
COMMENTS : Numerous studies indicate that child car seats may be
used incorrectly up to 80 to 85% of the time. Supporters
indicate that in addition to this, a high percentage of children
traveling in vehicles are completely unrestrained and that motor
accidents continue to account for a high percentage of serious
injuries and fatalities among children. Motor vehicle
passenger injuries are the leading cause of death for children
between the ages of five and 12. In 1997, nearly 2,000 U.S.
children under the age of 15 were killed in car accidents and
282,000 were injured. A recent study found that children that
are too large for child safety seats are often restrained
improperly or not at all. In this study, of the children
weighing 40 to 60 pounds, 75% were improperly restrained and 19%
were unrestrained.
According to the author, many parents have the misperception
that children over the age of 4 and weighing more than 40 pounds
can be safely transported in a seatbelt alone. This is due in
part to the educational emphasis placed on making sure younger
children are properly restrained in car seats. However, a Blue
Ribbon Panel commissioned by the U.S. Secretary of
Transportation, recommends that parents put children weighing 40
to 80 pounds, which would be approximately ages four to nine, in
booster seats. These booster seats augment the protections
provided by an adult seatbelt to meet the needs of smaller
children. In a 1994 study conducted by the National Highway
Traffic Safety Administration (NHTSA), child safety seats were
found to be 71% effective in preventing fatalities, 67%
effective in reducing the need for hospitalization, and 50%
effective in preventing minor injuries to children.
NHTSA has recommended that all states adopt laws to require
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children weighing between 40 and 80 pounds to be restrained in
booster seats. If this bill is enacted, California would lead
the nation in establishing this level of safety for children.
The American Coalition for Traffic Safety predicts that all
states will soon have the same or similar requirements.
The supporters indicate that the intent of the increase in fines
is to have the fines act as a deterrent, to make fines for
violations consistent regardless of the ages of the children,
and to increase funding for local education programs.
This bill has been amended to address concerns that children
under six years old, but who are large for their age, not be
subjected to the child passenger restraint requirements.
Related Legislation, SB 363 (Figueroa), pending in the Assembly,
would require insurance companies to provide coverage for the
replacement of a child safety seat that was being used by a
child during a collision.
SB 509 (Petris) Chapter 1163, Statutes of 1996, provided a
multi-faceted approach to educate parents about the importance
of using child safety seats. Chapter 1163 also refined the
administration of the low-cost and loaner child safety seat
program for low-income families.
Analysis Prepared by : Emily Chang / TRANS. / (916) 319-2093
FN: 0006082